Prendergass v. Beale
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. L. D. Bradley. Bridget Prendergass died in Navarro county in the spring of 1882, leaving a will in which she named R. 0. Beale as executor. The will .was executed on April 21, 1880, and was drawn by R. C. Beale, who was then, and still is, county judge of Navarro county.
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Appeal from Navarro. Tried below before the Hon. L. D. Bradley. Bridget Prendergass died in Navarro county in the spring of 1882, leaving a will in which she named R. 0. Beale as executor. The will .was executed on April 21, 1880, and was drawn by R. C. Beale, who was then, and still is, county judge of Navarro county. On October 19, 1882, Beale filed his application in the district court of Navarro county to probate the will, and for letters testamentary, alleging as cause for jurisdiction in that court that he was named in the will as executor, and was the county judge of the county; that…
1Opinion of the Court
Willie, Chief Justice.—
Art. V, sec. 16, of our state constitution expressly confers upon the district court jurisdiction of causes in which the county judge is disqualified to preside. The language of the constitution is comprehensive enough to include a cause in which the probate of a will is contested as well as any other.
Section 11 of the same article disqualifies a judge from sitting in a cause in which he may be interested, and art. 1138, Revised Statutes, contains a similar provision specially as to the county judge.
The appellee was undoubtedly interested in the proceeding commenced by…
2Cases cited2 opinions
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
- Burks v. BennettTexas Supreme Court · 1881
3Cited by12 opinions
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- Sears v. Olivarez, Texas Court of Appeals, 13th District2000
- Dennard v. JordanCourt of Appeals of Texas · 1896
- Ex Parte John Dominick Colyandro, Texas Court of Appeals, 3rd District (Austin)2008
- Ex Parte John Dominick Colyandro, Texas Court of Appeals, 3rd District (Austin)2008
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